This case has been cited 2 times or more.
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2015-09-21 |
PERALTA, J. |
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| Lastly, the CA correctly ordered the award of P25,000.00 as temperate damages and P30,000.00 as exemplary damages. An award of temperate damages in lieu of actual damages is warranted because it is reasonable to presume that when death occurs, the family of the victim suffered pecuniary loss for the wake and funeral of the victim although the exact amount was not shown. Also, the award of exemplary damages is proper considering the attendance of treachery or alevosia that qualified the killing to murder.[13] However, the awards of civil indemnity and moral damages should be reduced to P50,000.00 each.[14] Further, consistent with present jurisprudence, the legal rate of 6% per annum is imposed on all monetary awards from date of finality of this Decision until fully paid.[15] | |||||
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2013-09-18 |
LEONARDO-DE CASTRO, J. |
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| For evident premeditation to be appreciated, the following elements must be proved: a) the time when the accused determined to commit the crime; b) an act manifestly indicating that the accused has clung to his determination; and, c) sufficient lapse of time between the determination and execution to allow him to reflect upon the consequences of his act.[49] The essence of evident premeditation is that the execution of the criminal act must be preceded by cool thought and reflection upon the resolution to carry out the criminal intent during a space of time sufficient to arrive at a calm judgment.[50] | |||||